Wisconsin Court Reporters Association

804.03(3)
(3) Disqualification for interest. No deposition may be taken before a person who is a party to the action or a relative or employee or attorney, or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action. No deposition may be taken before a person who has entered into a contract for court reporting services unless the contract is limited to a particular action or incident. This subsection does not apply to a person who records or transcribes depositions for a public agency, as defined in s. 66.0825 (3) (h).

If this statute is violated by a party to a deposition, the opposing party may either refuse to proceed with the deposition or may move to have the deposition quashed. There is also the potential for recovery of fees and costs by the injured party.

This statute applies to any deposition taken in the State of

Wisconsin. It does not matter whether the parties to the deposition are from outside of

Wisconsin. When conducting depositions in

Wisconsin, this statute must be followed.

It is a violation of the statute even if the reporting firm has a contract with both parties to a case. The statute prohibits a long-term, undefined contract regardless of whether both parties have entered into this kind of contract.

WCRA reporters strive to remain neutral and independent when conducting depositions. In

Wisconsin, this goal is furthered through the application of this statute and maintaining case-by-case contracts for court reporting services conducted in this State.

Source: www.wicourtreporters.org

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